That from and after the twenty ninth day of September, in the fold in any year of our Lord one thousand seven hundred and eight, it shall ships of war. not be lawful for any commander of any of her Majefty's fhips of war, or purfer thereof, to fell, deliver, or caufe to be fold or delivered to any of her Majefty's feamen or marines on board of fuch fhip, any tobacco of the growth of Europe, nor any tobacco mixed with tobacco of the faid growth.

any

XIII. And for the better employment of the poor of this But only tokingdom, be it likewife enacted, That all tobacco to be used or bacco of the confumed on board any of her Majefty's fhips of war in British planpart of Europe, from and after the faid twenty ninth day of Sep-factured in tations, manutember, thall be fuch as is of the growth of the faid British plan- Great Britain. tations which hath paid her Majefty the full duties, and been manufactured in Great Britain; upon pain that every fuch commander or purfer who fhall knowingly and wilfully offend herein, fhall forfeit their refpective places and employments, and three fhillings for every pound weight of tobacco, and fo in proportion for every greater or leffer quantity fo fold and delivered; one moiety thereof to the Queen's majefty, and the other moiety to the informer who fhall fue for the fame by action or information in any of her Majesty's courts of record at Westminster, wherein no effoin, protection, or wager of law fhall be allowed, and no more than one imparlance.

CAP. XXIII.

An at to make further provifion for electing and fummoning fixteen peers of Scotland to fit in the boufe of peers in the parliament of Great Britain; and for trying peers for offences committed in Scotland; and for the further regulating of voters in elections of members to ferve in parliament.

I.

WHEREAS by the two and twentieth article of the treaty

of for uniting the two kingdoms of England and Scotland, ratified and confirmed by the refpective parliaments of each kingdom, it was, amongst other things, provided, That when her Majefly, her heirs or fucceffors, should declare their pleafure for holding the firft, or any fubfequent parliament of Great Britain, until the parliament of Great Britain fhould make further provifion therein, writs fhould ifjue under the great feal of the united kingdom of Great Britain, directed to the privy council of Scotland, commanding them to caufe fixteen peers, who were to fit in the house of lords, to be fummoned to parliament, in fuch manner as by an act of the then prefent feffion of parliament of Scotland, was or should be settled; in which feffion of the parliament in Scotland, an act was accordingly paffed for that purpofe, intituled, An act fettling the manner of electing the fixteen peers and forty five members to represent Scotland in the parliament of Great Britain; which act was afterwards confirmed by the parliament of England, and declared to be as valid as if the fame had been part of, and ingroffed in the faid articles of union; by which act it is, amongst other things, provided and

Bb 4

en

enacted, That the fixteen peers, who should have a right to fit in the house of peers in the parliament of Great Britain, on the part of Scotland, by virtue of the faid treaty, fhould be named by the faid peers of Scotland, whom they reprefent, their heirs or fucceffors to their dignities and honours, out of their own number, and that by open election aud plurality of voices of the peers prefent, and of the proxies for fuch as fhould be abfent, the faid proxies being peers, and producing a mandate in writing, duly figned before witnesses, and both the conflituent and proxy being qualified according to law; and that fuch peers as were abfent, being qualified as aforefaid, might send to all fuch meetings a lift of the peers whom they judged fitteft, validly figned by the faid abfent peers, which should be reckoned in the fame manner, as if the parties had been prefent, and given in the faid lift: and in cafe of the death or legal incapacity of any of the faid fixteen peers, that the aforesaid peers of Scotland should nominate another of their own number in place of the faid peer or peers, in manner as therein is mentioned; and it was thereby further enacted, That until the parliament of Great Britain should make further provifien therein, the faid writs fo to be iffued, should contain a warrant and command, to command the faid privy council to iffue out a proclamation in her Majefty's name, requiring the peers of Scotland for the time to meet and affemble at fuch time and place within Scotland, as her Majefly and her royal fucceffors fhould think fit, to make election of the faid fixteen peers, and requiring the lord clerk register, or two of the clerks of feffion, to attend all fuch meetings, and to adminifter the oaths as were or should be by law required, and to afk the votes, and having made up the lift in presence of the meeting, to return the names of the fixteen peers chofen, certified under the subscription of the faid lord clerk register, clerk or clerks of feffion attending, to the clerk of the privy council of Scotland, to the end that the names of the fixteen peers being fo returned to the privy council, might be returned to the court from whence the writ did iffue, under the great feal of the united kingdom, conform to the faid twenty fecond article: 6 Ann. c. 6. and whereas by an act of this prefent feffion, intituled, An act for rendering the union of the two kingdoms more entire and compleat, it is declared and enacted, That from and after the first day of May, one thousand feven hundred and eight, the privy council of Scotland fhall ceafe and determine, whereby it is become necessary that Some further provision should be made for the electing and returning the faid fexteen peers, that are to fit in the house of peers in the parliament of Great Britain, pursuant to the faid treaty; be it therefore enacted by the Queen's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in parliament affembled, and by the authority of the fame, That at all times hereafter when her Majefty, her heirs and fucceffors, fhall declare her or their pleasure for fummoning and holding any parliament of Great Britain, that in order to Proclamation the electing and fummoning the fixteen peers of Scotland, a proto be iffued for clamation fhall be iffued under the great feal of Great Britain, electing 16 commanding all the peers of Scotland to affemble and meet at land, to fit in Edinburgh, or in fuch other place in Scotland, and at fuch time as

peers of Scot

fhall

shall be appointed in the faid proclamation, to elect by open election the fixteen peers to fit and vote in the house of peers in of Great Bri theparliament the parliament of Great Britain, in fuch manner as by the be- tain. fore recited act and herein after is appointed.

II. And be it further enacted by the authority aforefaid, And published That every proclamation iffued for the purpose aforefaid, thall at Edinburgh, be duly published at the market crofs at Edinburgh, and in all &c. 25 days the county towns of Scotland, five and twenty days at the leaft before elecbefore the time thereby appointed for the meeting of the peers to proceed to fuch election.

tion.

III. And be it further enacted by the authority aforefaid, All the peers That all the peers who meet on fuch proclamation, fhall, before present to take they proceed to the election, and in prefence of the peers affem- the oaths. bled for fuch election, take the refpective oaths, videlicet:

A. B. do fincerely promife and fwear, That I will be faithful, and bear true allegiance to her majesty Queen Anne.

So help me GOD.

A. B. do fwear, That I do from my heart abhor, deteft, and abjure, as impious and heretical, that damnable doctrine and pofition, That princes excommunicated or deprived by the pope, or any authority of the fee of Rome, may be depofed or murdered by their fubjects, or any other whatfoever. And I do declare, That no foreign prince, perfon, prelate, ftate, or potentate, hath or ought to have any jurifdic tion, power, fuperiority, pre-eminence or authority, ecclefiaftical or fpiritual, within this realm,

So help me GOD.

And fhall alfo make, repeat, and fubfcribe the declaration fol

I

lowing, videlicet:

Oaths.

A. B. do falemnly and fincerely, in the prefence of God, profefs, And fubfcribe teflify, and declare, That I do believe that in the facrament of the the declaraLord's Supper there is not any tranfubftantiation of the elements of tion, bread and wine into the body and blood of Chrift, at or after the confecration thereof by any perfon whatsoever; and that the invocation or adoration of the virgin Mary, or any other Saint, and the facri fice of the mafs, as they are now used in the church of Rome, are fuperftitious and idolatrous. And I do folemnly, in the presence of God, profefs, teftify, and declare, That I do make this declaration, and every part thereof, in the plain and ordinary fenfe of the words read unto me, as they are commonly understood by English proteftants, without any evafion, equivocation, or mental refervation whatsoever, and without any difpenfation already granted me for this purpose by the pope, or any other authority or perfon, or without any hope of any fuch difpenfation from any person or authority whatsoever, or without thinking that I am or can be acquitted, before God or man, or absolved of this declaration, or any part thereof, although the pope or any

other

And also take the following oath,

other perfon or perfons, or power whatsoever, fbould difpenfe with, or annul the fame, or declare that it was null and void from the beginning.

And also take and fubfcribe the oath following, videlicet:

IA. B. do truly and fincerely acknowledge, profefs, teftify, and de

clare in my confcience, before God and the world, That our fovereign lady Queen Anne is lawful and rightful Queen of this realm, and of all other her Majefty's dominions and countries thereunto belonging. And I do folemnly and fincerely declare, That I do believe in my confcience, the perfon pretended to be prince of Wales, during the life of the late King James, and fince his decease pretending to be, and taking upon himself the file and title of King of England, by the name of James the Third, or of Scotland by the name of James the Eighth, or the file and title of King of Great Britain, bath not any right or title whatsoever to the crown of this realm, or any other the dominions thereunto belonging: and I do renounce, refufe, and abjure any allegiance or obedience to him. And I do fwear, That I will bear faith and true allegiance to her majesty Queen Anne, and her will defend to the utmost of my power against all traiterous confpiracies and attempts whatsoever which shall be made against her person, crown, or dignity. And I will do my utmost endeavour to disclose and make known to her Majefty and her fucceffors all treafons and traiterous confpiracies, which I shall know to be against her or any of them, And I do faithfully promife, to the utmost of my power, to fupport, maintain, and defend the fucceffion of the crown against him the faid James, and all other perfons whatsoever, as the fame is and flands 1 W. & M. Jettled by an act, intituled, An act declaring the rights and liberties of the fubject, and fettling the fucceffion of the crown to her present Majefty, and the heirs of her body, being protes12 & 13 W. 3. tants; and as the fame by one other act, intituled, An act for the further limitation of the crown, and better fecuring the rights and liberties of the fubject, is and ftands fettled and entailed after the deceafe of her Majefty, and for default of iffue of her Majefty, to the princefs Sophia, electrefs and dutchefs dowager of Hanover, and the heirs of her body, being proteftants. And all these things I do plainly and fincerely acknowledge and fwear, according to thefe express words by me spoken, and according to the plain and comman fenfe and understanding of the fame words, without any equivocation, mental evafion, or fecret refervation whatfoever. And I do make this recognition, acknowledgment, abjuration, renunciation and promife, heartily, willingly, and truly, upon the true faith of a christian.

Altered by

1 Geo. 1. c. 13.

ff. 2. c. 2.

C. 2.

How peers

So help me GOD.

IV. And that such peers that live in Scotland, but shall not living in Scot- be prefent at fuch meeting fo appointed, may take the said land or refid- oaths, and make and fubfcribe the faid declaration in any ing in Eng- fheriff's court in Scotland, and every sheriff, or his deputy, beland, not pre- fore whom fuch oaths, and fuch declaration fhall be so made, tion, may take fubfcribed and repeated, fhall and is hereby required to return the oaths, &c.

fent at elec

the

the original fubscription of such oath and declaration, figned by the peer who took the fame, and make a return in writing, under his hand and feal to the peers fo affembled, of fuch peers taking the faid oaths, and making and subscribing the faid oath and declaration, and fuch peer thall be thereby enabled and qualified to make a proxy, or to send a figned lift, containing And be therethe names of fixteen peers of Scotland, for whom he giveth his by qualified to vote; and fuch of the peers of Scotland, as at the time of iffuing make a proxy, fuch proclamation, refide in England, may take and fubfcribe &c. the faid oaths, and make, repeat, and fubfcribe the said declaration in her Majefty's high court of Chancery of England, her Majefty's court of Queen's Bench, Common Pleas, or court of Exchequer in England, which being certified by writ to the peers in Scotland at their meeting, under the feal of the court where fuch oath and declaration thall be made, repeated and fubfcribed, fhall be fufficient to entitle fuch peer to make his proxy, and to fend a figned lift, as aforefaid; and in cafe any of the faid peers of Scotland, who at any time before the issuing of such proclamation, have taken the faid oaths, and made and subfcribed the faid declaration in England or Scotland, to be certified, as aforefaid, and if taken in parliament, to be certified under the great feal of Great Britain, thall at the time of iffuing fuch proclamation be abfent in the service of her Majefty, her heirs or fucceffors, fuch peer may make his proxy, to fend a figned lift.

V. Provided always, and be it enacted by the authority a- How proxies forefaid, That fuch peers of Scotland as are alfo peers of England, fhall be fign'd. fhall fign their proxies and lifts by the title of their peerage in

Scotland.

have more

VI. And be it further enacted by the authority aforefaid, No peer to That no peer shall be capable of having more than two proxies than two at one time.

fy the names

proxies. VII. And be it further enacted by the authority aforefaid, After election That at fuch meeting of the peers, they fhall all give in the lord clerk renames of the persons by them nominated to fit and vote in the gifter to certihouse of peers in the parliament of Great Britain, and the lord of the 16 peers clerk register, or two of the principal clerks of the feffion ap- elected. pointed by him to officiate in his name, fhall-after the election is made and duly examined, certify the names of the fixteen peers fo elected, and fign and atteft the fame in the prefence of the peers; which certificate fo figned and attefted fhall by the lord clerk regifter, or two of the principal clerks of the feffions, be returned into her Majefty's high court of Chancery of Great Britain, before the time appointed for the meeting of the parliament.

VIII. And be it further enacted by the authority aforefaid, How peers That the peers fhall come to fuch meetings with their ordinary fhall come atattendants only, according to and under the feveral penalties tended to inflicted by the feveral laws and ftatutes now in force in Scotland, which prescribe and direct with what numbers and at

tendants

elections.